[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 9-26-2016 by L.L.
No. 10-2016. Amendments noted where applicable.]
To protect the health, safety and welfare of those residing
in neighboring properties and the community at large from the impacts
of land development, and to facilitate the expeditious processing
of applications, it is the intent of the Board of Trustees to provide
the Board of Trustees, Planning Board and Zoning Board of Appeals
with a mechanism by which it can retain the assistance of outside
professionals and/or commission independent studies at the applicant's
expense, to assist in evaluating any matter over which such Board
has jurisdiction. In order to accomplish these goals, the Board of
Trustees is exercising its police power and authority pursuant to
§§ 10(1)(ii)(a)(6), (11) and (12) and 10(1)(ii)(e)
of the Municipal Home Rule Law, the New York State Constitution, §§ 4-412(1)
and 7-712-a(3), 7-722, 7-725-a, 7-725-b and 7-728 of the Village Law,
and any other applicable provision of law now or hereinafter enacted
to supersede and/or expand such provisions, so as to require full
payment of all such fees where appropriate and reasonably necessary,
as a condition of Board approval, and the issuance of a building permit
or other Village approval.
As a condition of processing any matter over which the Board
of Trustees, Planning Board or Zoning Board of Appeals has jurisdiction,
such Board may require an applicant to pay for the reasonable costs
of independent studies and/or outside consultants as may be reasonably
related to the matter under review. All such costs shall be paid by
cash or certified check and are in addition to any other required
fees. Within 30 days of a written request for payment, the applicant
shall submit to the Village Clerk for deposit into a non-interest-bearing
trust and agency account maintained by the Village, an amount determined
by such Board or its designee to be utilized by the Village to pay
for such services during the review process. Upon request, the applicant
shall be provided with copies of invoices submitted to the Village
for the work of outside consultants and studies. In the event the
sum initially deposited by the applicant is not sufficient and additional
funds are necessary, the applicant shall pay such additional sums
within 20 days of the date of the written request for payment. After
all reasonable charges have been paid to the vendor(s) by the Village
and upon final consideration or the withdrawal of the application
by the applicant, any balance remaining on deposit shall be returned
to the applicant.
In its discretion, the Board of Trustees, Planning Board or
Zoning Board of Appeals may adopt or reject, in whole or in part,
the findings and determinations of any consultant or study commissioned
by the Board or applicant.
